# Pensions Act 2004, Paragraph 10


(1) Paragraph 4 (increase of pension where pensioner’s deceased spouse has deferred entitlement) is amended as follows.
(2) For sub-paragraph (1) substitute—
“(1) Subject to paragraph 8, this paragraph applies where a widow or widower (“W”) is entitled to a Category A or Category B retirement pension and was married to the other party to the marriage (“S”) when S died and one of the following conditions is met—
(a) S was entitled to a Category A or Category B retirement pension with an increase under this Schedule,
(b) W is a widow or widower to whom paragraph 3C applies and has made an election under paragraph 3C(2)(a), or
(c) paragraph 3C would apply to W but for the fact that the condition in sub-paragraph (1)(d) of that paragraph is not met.
(1A) Subject to sub-paragraph (3), the rate of W’s pension shall be increased—
(a) in a case falling within sub-paragraph (1)(a), by an amount equal to the increase to which S was entitled under this Schedule, apart from paragraphs 5 to 6,
(b) in a case falling within sub-paragraph (1)(b), by an amount equal to the increase to which S would have been entitled under this Schedule, apart from paragraphs 5 to 6, if the period of deferment had ended immediately before S’s death and S had then made an election under paragraph A1(1)(a), or
(c) in a case falling within sub-paragraph (1)(c), by an amount equal to the increase to which S would have been entitled under this Schedule, apart from paragraphs 5 to 6, if the period of deferment had ended immediately before S’s death.”

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Source: https://www.legislation.gov.uk/ukpga/2004/35/schedule/11/paragraph/10 (the official version)
Page: https://openlegislation.uk/pensions-act-2004/schedule-11/paragraph-10
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.